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2003 Supreme(Mad) 1275

C.NAGAPPAN
A. S. Baskaran – Appellant
Versus
Indian Finance and Factors Limited – Respondent


Advocates:
S. R. Rajagopal, for Petitioner; C. Ramesh, for Respondent.

ORDER :- In Application No. 3150 of 2003, the applicant has sought for revoking the leave granted to the respondent/plaintiff in order dated 11-10-1999 in Application No. 3582 of 1999.

Application No. 281 of 2003 was earlier filed by him seeking for a direction to the Registry to return the plaint to the plaintiff to be presented before the Court having jurisdiction to try the suit.

2. The applicant is the first defendant in the suit and the suit has been filed under Order 37, Rule 2 of the Original Side Rules read with Order 34, Rule 1 of the Code of Civil Procedure seeking for recovery of a sum of Rs.14,54,443/- together with interest and in default, to sell the properties mortgaged. According to the applicant, a suit pertaining to foreclosure, sale or redemption in the case of mortgage or charge upon immovable property under Section 16(c), CPC as well as under Clause 12 of the Letters Patent, shall be instituted in the Court within the local limits of whose jurisdiction the property is situated and in the instant case, the plaintiff has admitted that the property, over which the mortgage is claimed, is situated at Pammal Village in Chengalpet District and not within the jurisdicti












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